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Why a Worker’s Compensation Lawyer’s Experience Matters

February 20, 2015

Law Firm: Burg Simpson Eldredge Hersh Jardine P.C. - Englewood Office

Worker’s Compensation is something that you’ll hope to never to use, but will be grateful to have when you need it. Work Comp is a difficult and technical area of the law. There are many different reasons why the experience level matters, but they all come back to your lawyer’s experience under pressure and the ability to think on your feet.

Work Comp law is constantly changing and increasingly complex. An experienced comp attorney will be able to navigate the complicated landscape of a worker’s compensation claim to get you more of the money you deserve for your injury. There are thousands of different strategies the insurance company can use to try and decrease the value of your claim or deny your care altogether. Someone who has been in the trenches with them can be prepared for their strategies and help you know what commonly decreases the value of a client’s case.

It is also very important for you to have a workman’s comp attorney with hearing experience. This area of the law is also one that does go to an actual hearing in a courtroom. This means that many new or non-work comp attorneys may not have experience with the judges that preside over these hearings. Even if your case never goes to a hearing, which many will not, having an attorney with a portfolio full of trial wins will keep the insurance company more honest, direct, and responsive. They know that if your lawyer threatens to go to hearing on even small issues, they mean it.

Many cases that go to a hearing are “all or nothing” meaning the insurance company either ends up paying 100% of your claim (which can be a lot of money), or none of your claim. Of course, paying for none of your claim is a good outcome for them, but most insurance companies like to avoid the risk of going to trial and would rather settle the case out of court for 50 or 60% of your claim’s value. If your attorney has won many times at hearings in the past, it means they will likely take your case more seriously and think twice before bluffing to go to a hearing over it.

Finally, an experienced comp attorney knows all of the doctors that insurance companies go back to time and again for a favorable diagnosis. Your attorney should be able to help you deal with these doctors and possibly get you a second opinion that is more favorable for the value of your case and more accurate for your injury.

Most Workers Compensation attorneys (myself included) will evaluate your case for free or talk with you to make sure we are a fit, all it takes is a call. Always ask your prospective lawyers how long they have worked in that area of the law; I have over 30 years of experience in this field. If you have been hurt and want someone to fight for you, call me at 303-792-5595 or submit a request using the button on the right side of the page to have someone from our office contact you.

The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.

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